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Eric Chase Roberson

Eric Roberson’s Answers

151 total


  • Fl filed head of household exemption

    Found out I had a judgment against me which they were granted writ of garnishment. I filed a head of household in which they didn't answer so a notice of dissolution of the writ of garnishment was done stopping the garnishment. A month later i wa...

    Eric’s Answer

    Something doesn't add up. If a notice of dissolution was entered then its unlikely there was also a judgment was entered on the same garnishment. I've dealt with client who had multiple garnishments on them. They may have instituted a second garnishment after the first one was dissolved.

    You would need to gather all of the paperwork and discuss it with a consumer defense attorney. An attorney would also be very helpful in dealing with proving the head of family exemption and possibly getting it resolved before a hearing.

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  • Statute of limitations Credit Card in FL

    Can someone tell me if the statute of limitations to collect on credit card debt in FL is 4 years or 5 years? I keep reading conflicting answers. Thank you for any information!

    Eric’s Answer

    Most debt buyers do not sue on breach of a written contract - which has a 5 year statute of limitations. They sue on quasi-contract claims such as Account Stated and Open Account - all usually subject to a 4 year statute. What can confuse it more is that most credit card agreements have a "Choice of Law" provision and will use the law of another state. Many times its South Dakota or Virginia and those states have a different limitations period. The short answer is - it depends.

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  • Is it possible to stop a hospital from turning us over to collections wile we dispute a bill we believe is incorrect?

    This is in regards to a failed back surgery redo for my wife that was approved through our surgeons office with our insurance and the hospital prior to the surgery. We received a bill for about $26000 for part of the procedure (bone graft material...

    Eric’s Answer

    Technically you cannot stop them from sending it to collections. However, you can preserve your rights and potentially have claims to assert against the hospital. You need to make sure your dispute of the bill is in writing and you can prove the hospital received it. Best way to do this is to either have someone at the hospital sign for the letter or fax it and keep the fax return. You should consult with a consumer attorney to better understand your rights and what the debt collector can and cannot do.

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  • Can I get in trouble for trying to cash fake check? i went to cash a check they denied me and told me it was fake.

    is this illegal

    Eric’s Answer

    If you knew it was a fake check, then it is a felony called Uttering. If you did not know that it was fake then I would recommend calling the police and making a report and telling them where you got the check.

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  • I reside in Florida - what happens to my husband's credit

    I have a credit card that went to collections and I have made a settlement to pay it off. It is my name only --my maiden name. Now my husband is concerned that it will affect his credit. Will it. Thank you

    Eric’s Answer

    This should not impact your husband's credit. If he is not a joint account holder or authorized user, there is no argument he is liable for the debt. If there is some report made against his credit for your debt, then he will have claims under state and federal consumer protection laws.

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  • Can I request a hearing for head of family exemption when a plaintiff has the writ of garnishment but has not take anything yet?

    Recently I obtained knowledge through public records that an attorney has obtained a judgement without my knowledge. therefore I could not defend myself.They continued to send mail to my former address that I never received. I noticed that the las...

    Eric’s Answer

    I highly recommend contacting a consumer attorney for help. It is possible to file your Claim of Exemption as Head of Family and get a hearing on it anytime after the garnishment is issued. However, based on what you say, I believe there might be grounds to set aside the judgment and have a chance to defend the lawsuit.

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  • Head of Household Exemption in FL and vehicles

    If I'm head of household in Florida (i.e. support my 2 children and spouse) can a creditor who has a judgement against me garnish my vehicle(s) or my spouses vehicles?

    Eric’s Answer

    Head of Family only applies to wages and bank accounts containing those wages. It does not apply to vehicles. However, it is very, very rare that a creditor executes on vehicles. The reason is that the creditor will have to pay the Sheriff to seize the car and store it until auction. It typically costs over $2,000 to do this. So unless we are talking about high end vehicles that are fully paid off (lexus, BMW, Mercedes, etc) it doesn't make financial sense to seize a car.

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  • Can collection agencies do this?

    I have a collection agency that calls me and sends me several emails a week. The emails usually say they are going to arrest me if I don't pay and other threats. The last phone call I received was from someone telling me he was calling the police...

    Eric’s Answer

    These are fake debt collectors who use highly illegal tactics to scare people into paying them. You won't be arrested and the police won't call you. More than likely it relates to a payday or internet loan.

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  • I got a car repo back in 2012 I was a consigner and last night a guy showed up at my door with papers saying I'm being sued

    can they really sue me it was a bal. of 5000 but they sueing me for 18000.

    Eric’s Answer

    These lawsuits are very common. After repossessing the car, they sold it - likely for a very low amount. Now they are suing for the deficiency between what was owed on the note and what was recovered for the sale.
    Hopefully you have any and all paperwork that they sent you about the debt. You would be well served to meet with a consumer attorney to see how they could defend you and whether the company suing you has committed any violations of consumer protection laws.

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  • I have been summoned for depositions by a debt collector. What are my rights?

    I contacted the attorneys office on the bottom of the summons and spoke with a gentleman about settling this debt. I offered a lump sum of what I could come up with and he told me he would submit my offer and speak with me the next day. When we sp...

    Eric’s Answer

    You are in a tough spot. I assume there is already a judgment since debt collectors won't typically do a deposition before that. Now they are looking for ways to collect the judgment. Do you provide more than 1/2 the support for your mom or any other person (child, spouse etc)? If so, your wages may be exempt as the Head of Family. It might be worth consulting with a local consumer attorney to advise you of your options.

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